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Advertising Law Snapshot Volume 1, Issue 19

Where consumers would not recognize content as an ad, ensure that such content is clearly and conspicuously labeled as a “paid ad,” “paid advertisement,” “sponsored advertising content,” or similar words

When promoting other’s products, consider including a disclosure such as “sponsored by” or “brought to you by”

Maintain disclosures when native ads are republished in non-paid search results, social media, email, or other media

Facebook Sets Rules for Verified Celebrities Posting Branded Content

Example Rules Below

Branded content may only be posted by verified profiles

Must use the branded content tool to tag the featured third party product, brand, sponsor, or sweepstakes

Don’t include pre, mid, or post-roll ads in videos

Don’t include banner ads in videos or images

Don’t include third party products, brands, or sponsors within cover photo

Don’t include title cards within a video’s first three seconds

Don’t include graphical overlays, logos, or watermarks within a video’s first three seconds

Promotions, such as sweepstakes or giveaways, must be tagged using the branded content tool

Website Owners Get Ready to Re-Register a DMCA Agent

Websites owners are required to register a designated agent to avoid liability for infringing material posted by users

On December 1, 2016, a new online registration and DMCA registrant directory will go online

Brought by Counsel for Campaign for a Commercial Free Childhood and Center for Digital Democracy

Allegations:

Child-directed influencer marketing is an unfair and deceptive practice under Section 5 of the FTC Act

The FTC should investigate and take enforcement action against companies that are creating and distributing influencer ads

Videos that show children unboxing toys, tasting snacks, and incorporating branded items into their activities blur the line between content and advertising, relying on a misrepresentation that is not discernible to children

FTC should conclude that child-directed influencer marketing is not permitted, and to update existing policy guidance accordingly